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In Reply to: Re: Re: accident posted by Ken Young on June 17, 2003 at 23:50:41: "Assuming that your son is an adult, yes, he can sue you up to the limits of your insurance Bodily Injury coverage and also for reimbursement of medical costs also if you have that coverage in your policy." Bodily injury settlements are determined based upon damages incurred, such as medical costs. Therefore "medical costs" are included in bodily injury coverage. If PIP coverage or medical payments are available under the policy (often $3,000-5,000 for medical expenses only), then that coverage would be paid outside of any lawsuit and without regard to whether your son may sue you. "Since you say you were at fault for the accident, don't be surprised if the company raises your premium. Ask your son to pay for the increase in your insurance premium, only fair." ??? This woman is obviously quite distraught. I do not see how an obviously flippant statement, trivializing her situation helps her. Bottom line--consult an attorney in your state. Your son does not "automatically" have the right to sue you, and such suit may not be defended under your policy. Ask your attorney for an interpretation, not your agent or adjuster. : : It depends upon the state. MOST states have done away with the Family Immunity Doctrine, which holds that you cannot sue family members. : : Consult an attorney - this is sticky as well if he is a minor. In addition, take your actual insurance policy to the attorney and see if the thinks such a suit would be defended by your insurance company--some companies try to exclude intrafamily suits from coverage. : : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx : You say your son was in your car and I am assuming he was the only passenger. You have also stated that the accident was your fault. : Assuming that your son is an adult, yes, he can sue you up to the limits of your insurance Bodily Injury coverage and also for reimbursement of medical costs also if you have that coverage in your policy. : Please keep in mind that he would be suing you technically, but since your insurance company represents you, the money paid to settle the claim comes from the company because they represent you. : Since you say you were at fault for the accident, don't be surprised if the company raises your premium. Ask your son to pay for the increase in your insurance premium, only fair. : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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